Author Archive: gabemoorman

Loveland, the home of Salmon P. Chase and Jerry Springer, is one of many Ohio municipalities that has created a Mayor’s Court. This Court hears traffic cases, OVI (or DUI), driving under suspension (DUS), and other misdemeanors. Mayor’s Courts are presided over by a Magistrate.

The Loveland Police Department and the Clermont County Sheriff can cite first time offenders into the Loveland Mayor’s Court. Because Mayor’s Courts are not courts of record, a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how their case turned out at the Mayor’s Court, the case can start over in the Clermont County Court. As Marty Hubbell says, “It is like getting two bites at the apple, which can be a great advantage to the defense.”

When charged with an offense in Loveland Mayor’s Court, it is especially important to retain a local lawyer who has experience working in these unique types of Courts. Because of the unofficial nature of Mayor’s Courts, the procedures and practical approaches to the case can vary greatly.

Loveland Mayor’s Court is conducted every first and third Thursday of the month at 6:00 p.m. at the Loveland City Hall Building, 120 West Loveland Avenue, Loveland, Ohio 45140. Your court date will be listed on your ticket or subpoena. Further information can be obtained at Loveland’s website:

Gabe Moorman is an associate in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com). He is a graduate of the University of Cincinnati College of Law and former President of the Intellectual Property Legal Society. Mr. Moorman is a practicing criminal defense attorney in Southwest, Ohio. He can be reached at (513) 932-2121 or at GMoorman@DiehlHubbell.com.

Click the link below to watch the LIVE interview of Attorney Gabe Moorman with Fox45/ABC22 Anchor Meghan Mongillo. The former Mason High School gym teacher was found guilty on all sixteen counts of sexual battery and three counts of providing alcohol to minors. Despite strong expert witnesses, the defense could not prove that Schuler was insane by a preponderance of the evidence. Warren County Court of Common Pleas Judge Robert Peeler sentenced Stacy Schuler to four years in prison. She will be eligible for judicial release in six months. Schuler must also register as a Tier 3 sex offender, requiring her to verify her address with the State every ninety days.

On Thursday, October 27th, 2011, the Stacy Schuler trial is expected to conclude. Judge Robert Peeler will give the verdict following the closing arguments of both the State and the defense. It is expected that the State will call its own expert witness to rebut the expert testimony provided by the defense yesterday. A forensic psychologist and/or toxicologist will testify that Ms. Schuler was not insane at the time of the alleged acts and that she could comprehend the difference between right and wrong. Yesterday, the defense provided two expert witnesses that claimed Stacy Schuler was insane at the time of the alleged acts due to a combination of health problems, Zoloft, and alcohol. The ‘SSRI Defense’, as it is being called, has been utilized approximately fifteen times during the last year in American courts – it has never succeeded. These experts based their testimony on evidence that anti-depressants mixed with alcohol can cause mania, increased sexual desire, and memory loss. As this is a bench trial, Judge Peeler will decide whether Ms. Schuler is guilty of sixteen counts of sexual battery and three misdemeanor counts of providing alcohol to minors. Schuler is facing over eighty years in prison if convicted on all counts.

Click the link below to see Gabriel Moorman, Esq., discuss the Schuler and Israel cases with Dayton’s Fox45/ABC22 morning news team. Be sure to tune in this Thursday, October 27th, 2011, as Gabe sits down, again, with Meghan Mongillo to talk about the conclusion of the Stacy Schuler case out of Warren County, Ohio.

The trial of Marcus Israel, the man who is alleged to have killed Officer Brian Dulle, starts today in the Warren County Court of Common Pleas. Israel is accused of running over and killing Officer Brian Dulle with a car while attempting to evade police officers. Officer Dulle was in the process of laying out stop sticks on the road when he was hit. Israel’s attorney filed a Motion for Change of Venue in an attempt to transfer the case elsewhere. This motion was denied. Judge Flannery will preside.

Congrats, Marty! Named one of Ohio’s top lawyers.

Lawyers are asked to nominate the best attorneys who are 40 or under. They are instructed to nominate lawyers they have personally observed in action – whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

In addition to the general survey, the attorney-led research team reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.

The point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.

We at Diehl & Hubbell, LLC are proud of Mr. Hubbell and would like to thank him for his years of dedicated service to the Southwest Ohio community!

Please click the below link for access to the live interview on July 21st, 2011. Mr. Moorman discusses the Stacey Schuler and Marcus Israel cases with Meghan Mongillo at the ABC22/FOX45 studio in Dayton.

Stacy Schuler, the former Mason High School gym teacher accused of having sex with a number of her students, has entered a plea of not guilty by reason of insanity.

This often utilized and rarely successful plea is an attempt by the defense to offer a legal excuse for Ms. Schuler’s actions. While quite possibly the defendant’s best argument, the requirements for such a plea are very difficult to establish.

The defense, in effect, is not contesting whether or not the sexual conduct took place – they are only arguing that Ms. Schuler did not possess the necessary mental state or intent to commit the crime.

The trial court will order her to be evaluated, and the expert report will probably be provided in about 4-6 weeks.

Her trial is set to begin on August 8th, 2011, at the Warren County Court of Common Pleas in front of Judge Robert Peeler.

Our condolences go out to Officer Dulle and his family. What a tragic scene, in which thirty-six year old Brian Dulle was killed while performing his duties as a Warren County Police Officer. Dulle was putting out stop-sticks along the roadway on St. Rt. 42 when Marcus Israel allegedly ran into Officer Dulle at over 100 miles per hour, killing him instantly. Israel has been charged with involuntary manslaughter and failure to comply with a police officer, facing fifteen years in prison if he is convicted. At the arraignment in Lebanon Municipal Court Thursday, Israel apologized to Officer Dulle’s family. Israel is being held on a one million dollar bond. What a great loss to the community – What an irresponsible and reckless act. The suspect decided to trade a tail-light violation for a manslaughter charge.